MALTA Law and Practice Contributed by: Paul Micallef Grimaud, Philip Formosa and Michela Zammit Lupi, Ganado Advocates
11. Appeal 11.1 Appellate Procedure
representatives under the Intellectual Property Rights (Cross-Border Measures) Act (Chapter 414, Laws of Malta) (the “IP Cross-Border Measures Act”). Malta Customs have broad powers of seizure and deten - tion under this domestic legislation, extending to the entry into Malta, export or re-export, release for free circulation, temporary importation, placing in a free zone or free warehouse of goods found to be infring - ing an IP right. Right-holders may register Application for Action (AfA) with Malta Customs, providing details of the IPRs relied upon, a description of the goods and their dis - tinguishing features, proof of ownership (eg, registra - tion certificates) and an EORI number. Customs may act on the basis of an AfA or ex officio (ie, without an AfA) where infringement is prima facie evident. Upon seizure, the right-holder is notified and must confirm the infringement and request continued suspension of release within the prescribed time lim - its. The right-holder must then initiate civil proceed - ings within ten working days of notification, extend - able by a further ten working days; failing this, the detention may be lifted and the goods released. In addition, the TM Act entitles proprietors to pre - vent third parties from bringing goods into Malta in the course of trade, even where the goods are not released for free circulation, if the goods or their pack - aging bear an unauthorised trade mark that is identi - cal or essentially indistinguishable from the registered mark. This is subject to the proprietor having the right to prevent the goods from being placed on the mar - ket in their intended country of destination. This sits alongside the measures in the IP Cross-Border Meas - ures Act. The provisions of the Customers Regulation (EU) No 608/20131 are directly applicable in Malta.
Trade mark and copyright infringement actions must be filed before the First Hall of the Civil Court (which serves as a first-instance court). Appeals from their decisions are then heard by the Court of Appeal in its superior jurisdiction. This must be lodged by means of an application, within a non-extendable timeframe of 30 days from the date of the decision, specifying the part of the decision the appellant may wish to be reversed, varied or annulled. The appeal must also be substantiated with detailed reasons in the application. If an appeal is not entered into against the whole deci - sion, then the application must specify the heads of decision being appealed. 11.2 Timeframes for Appealing Trial Court Decisions Please refer to 11.1 Appellate Procedure . Currently, the waiting time in Malta for decision on an appeal is around one-and-a-half to two years. At the time of writing, there have been no material deci - sions from the Maltese courts specifically address - ing the interaction between AI and IP. To the authors’ knowledge, as yet the Maltese courts have not ruled on AI-generated content ownership or infringement. 12.2 Trade Mark and Copyright Use on the Internet Largely, matters relating to trade marks and copyright on the internet are regulated by the general rules out - lined above. There are provisions in Copyright Act establishing liability for acts of secondary infringe - ment, which could extend to ISPs. 12. Additional Considerations 12.1 Emerging Issues
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